US Army Corps of Engineers NSA Data Center (LEED) processing notes

I have followed up with the Sacramento District FOIA officer since that was
the office that administered your request. She should be responding to you
shortly.

Thank you,

Michelle Bartlett

Michelle Bartlett
Office Phone: (703) 428-7207
This is a privileged communication.
Attorney-Client/Attorney Work-Product
DO NOT RELEASE UNDER FOIA.

CLASSIFICATION: UNCLASSIFIED

Mr. Green,

The U.S. Army Corps of Engineers, Sacramento District has already provided
you with all documents in this Agency's possession in reference to the NSA
Data Center.

Sara Platt
Paralegal Specialist/Freedom of Information Act (FOIA) Officer
Office of Counsel
USACE - Sacramento District
1325 J Street
Sacramento, CA 95814
Comm: 916-557-7596

CLASSIFICATION: UNCLASSIFIED

Mr. Green:

This office received your Freedom of Information Act (FOIA) request on May 17, 2016. FOIA requests must be in writing, reasonably describe the records requested and must contain an adequate fee declaration. At this time we are unable to process your request due to an inadequate description/identification of records requested.

The key to determining if a request is or is not "reasonably described" is the ability of agency staff to reasonably ascertain exactly which records are being requested and locate them. Although you have identified a subject matter; all processing notes (internal communications, deliberations, etc.) in reference t6o your previous FOIA request, this request creates an "unreasonable burdensome" search for records. Searching through all the different forms of communication of each agency personnel who worked on this project clearly is so broad as to impose an unreasonable burden upon the agency because the agency would have to locate, review, redact, and arrange for the inspection of a vats quantity of material.

Adequate descriptions of records are necessary to permit the Government to locate a requested record with a reasonable amount of effort. This requirement is fully set forth in Title 32, Code of Federal Regulations, Section 518.25 (32 CFR §518.25) and explains that requests should describe (1) the type of record, title, index citation, subject area, date of record and originator, or (2) the circumstances that resulted in the record being created or (3) the date and circumstances surrounding the event the record covers.

Please resubmit your request with more specific information or narrow your search to enable the Government to locate these records.

If you wish assistance in reformulating your request, please feel free to call me.

Sara Platt
Paralegal Specialist/Freedom of Information Act (FOIA) Officer
Office of Counsel
USACE - Sacramento District
1325 J Street
Sacramento, CA 95814
Comm: 916-557-7596

CLASSIFICATION: UNCLASSIFIED

Mr. Green:

In your request you are "seeking all communications," this statement does not adequately describe the records so that the Government can locate the record with a reasonable amount of effort. Broadly worded requests, in the manner of a request for discovery in litigation, are not permitted under the FOIA. Such requests are termed “fishing expeditions”. While fishing expeditions may be permissible in discovery, they are not permitted under the FOIA.

FISHING EXPEDITIONS

(a) Identification of the record desired is the responsibility of the member of the public who requests a record. The requester must provide a description of the desired record that enables the Government to locate the record with a reasonable amount of effort. The Act does not authorize “fishing expeditions” . . .
(b) The following guidelines are provided to deal with “fishing expedition” requests and are based on the principle of reasonable effort. Descriptive information about a record may be divided into two broad categories.
(1) Category I is file related and includes information such as type of record (for example, memorandum), title, index citation, subject area, date the record was created, and originator.
(2) Category II is event-related and includes the circumstances that resulted in the record being created or the date and circumstances surrounding the event the record covers.
(c) Generally, a record is not reasonably described unless the description contains sufficient Category I information to permit the conduct of an organized, nonrandom search based on the Component's filing arrangements and existing retrieval systems, or unless the record contains sufficient Category II information to permit inference of Category I elements needed to conduct such a search.
* * * 32 C.F.R. § 518.25.

Specifically, your request for records does not sufficiently identify the records you are seeking to enable the Government to locate the record. Until you respond to this letter with more specific information to enable the Government to locate these records the Government is not under any obligation to act on your request. An adequate descriptions of records are necessary to permit the Government to locate a requested record with a reasonable amount of effort. This requirement is fully set forth in Title 32, Code of Federal Regulations, Section 518.25 (32 CFR §518.25) and explains that requests should describe (1) the type of record, title, index citation, subject area, date of record and originator, or (2) the circumstances that resulted in the record being created or (3) the date and circumstances surrounding the event the record covers.

Please resubmit your request with more specific information or narrow your search to enable the Government to locate these records.

Sara Platt
Paralegal Specialist/Freedom of Information Act (FOIA) Officer
Office of Counsel
USACE - Sacramento District
1325 J Street
Sacramento, CA 95814
Comm: 916-557-7596